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Terms of Use Select images on www.Stockgrafix.com™ are currently being made available to you FREE of charge, but are subject to the Terms of Use as outlined below. By using this site and/or downloading any images from www.Stockgrafix.com™ you must agree too and abide by, ALL the following Terms of Use. DEFINITIONS For the purposes of this Terms Of Use document www.Stockgrafix.com™, its owners, officers, directors, employees, agents, and contributors hereinafter will collectively be referred to as: "the Company". For the purposes of this Terms Of Use document "you" and "user" shall mean the user of the services provided by the Company, whether that user is a person, corporation or any other entity. For the purposes of this Terms Of Use document "image", or "images" shall mean any image, including but not limited to photographs, photo and digital illustrations and scans, or clip art downloaded or accessed from www.Stockgrafix.com™, or licensed for use by the Company, whether such license has been granted by the Company, or purchased from the Company. ACCEPTANCE OF TERMS OF USE AND AMENDMENTS Each time you use or cause access to this website, you agree to be bound by these Terms Of Use, and as amended from time to time with or without notice to you. In addition, if you are using a particular service on or through this website, you will be subject to any rules or guidelines applicable to those services and they shall be incorporated by reference into these Terms Of Use. www.Stockgrafix.com™ provides stock and custom photographs, digital illustrations and graphics and associated photographic, illustrative and graphic art services and associated rights licenses on a fee and in some instances a no-fee basis, as determined at the sole discretion of the Company. The website and services provided to you on www.Stockgrafix.com™ and through the Company is on an "AS IS" basis. You agree that the Company exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this website and its services, temporarily or permanently. The Company shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information. You also understand and agree that the Company’s Service may include advertisements and that these advertisements are necessary for The Company to provide the Service. You also understand and agree that the Service may include certain communications from The Company, such as service announcements, administrative messages, and advertising partner messages. IMAGE USAGE You MAY use images for the following purposes, in quantities and sizes outlined below, providing you agree to and adhere to terms and conditions set out above and below in these Terms of Use:, in conjunction with personal or commercial websites, or as a part of other personal or commercial materials or productions, such as; letterhead, business cards, pamphlets, brochures, catalogues, editorial or advertising copy in magazines, newspapers, books, book covers, textbooks, editorials and directories, E-books, advertising posters for use in promoting the sale of other products ( provided these posters and/or other reproductions combine words with the image or images and do not constitute a poster or product of only the image or images themselves), artwork for the packaging of any product, in coordination with opt-in email marketing programs, on pop up and/or panel displays for use in conventions and trade shows, CD or DVD cover art, as a background image or splash screen for a software product (provided that the image cannot be unincorporated from the software), multimedia presentations, as an element incorporated into a film or video for television and/or internet broadcast, or theatrical display. Unless you have purchased an Extended Rights License that permits such usage, you may NOT display any image in any digital format, or for any digital use at a resolution, where any dimension of the image exceeds 600 pixels. Unless you have purchased an Extended Rights License that permits such usage, you may NOT display or use any image in any print format, or for any print use at a size where any dimension of the image exceeds 2.5 inches. Unless you have purchased an Extended Rights License which specifically provides you with rights to do otherwise, you may NOT directly or indirectly copy or reproduce any image (in whole or in part) more than an aggregate one hundred thousand (100,000) times for any single or combined uses outlined above. Other than on a website, where viewership is beyond your control, you may NOT present a product that uses or incorporates www.Stockgrafix.com™ images to more than an aggregate one hundred thousand (100,000) viewers for any single or combined uses outlined above. Including websites, you may NOT allow a product that uses or incorporates www.Stockgrafix.com™ images to be downloaded more than an aggregate one hundred thousand (100,000) times for any single or combined uses outlined above. Unless you have purchased an Extended Rights License, FOR ALL USES YOU MUST provide a legible credit, in close proximity to the image, as follows: “Free image © 2008 www.Stockgrafix.com™” Images appearing on websites MUST be linked back to www.Stockgrafix.com™ by using the following “credit code” in close proximity to the image: Simply copy and paste the above credit into the html of your web page. You MAY use images to derive other digital works for personal or commercial works that are substantially different from the original image, providing such resulting images are used in a manner and adhere to the conditions set out above and below in these Terms of Use, but you MUST provide a credit as outlined above. Other than described above, unless you have purchased an Extended Rights License which specifically provides you with rights to do otherwise, you MAY use images only for the following personal and non-commercial purposes: screensavers, PC/laptop/mobile phone "wallpaper", toolbar skins, prints or posters. These products may not be sold, re-sold, downloaded or distributed in any fashion or format. The Company has designated some images for "Commercial or Editorial Use" and some for "Editorial - ONLY" (editorial use only). These designations are to be used as suggested guidelines only, as some jurisdictions may interpret these terms differently than others. You may definitely NOT use an image designated for "Editorial - ONLY" (editorial use only) for commercial purposes. If an image is marked, "Editorial - ONLY" (editorial use only), additional permissions may be required for commercial use. The Company does not provide such permissions and it is solely up to the user to determine whether their usage would be considered commercial or editorial and if any additional permissions are required to do so. It is understood that by downloading any images, or purchasing an Extended Rights License for any images from www.Stockgrafix.com™ that you are being granted a limited licence to use such images. All copyrights to these images remain the property of the original creator of the images and are not in any way being transferred to you as a user of the images. As a user you do not have the right, or permission to grant or transfer these copyrights to any third party. These images ARE NOT in the public domain. You may not convey to viewers of any images the impression that the image, or images was/were created by you or a person other than the legal copyright holder of that image, or images You may NOT sell, re-sell, transfer or redistribute these images, or granted licenses or purchased Extended Rights Licenses, individually, or collectively or as part of a collection to any other party in any format, including, but not limited to, electronic or hardcopy, other than described within this Terms of Use document. You may NOT use images in any form such that the use would be considered to be in competition with www.Stockgrafix.com™'s business. This would include, but not be limited to offering images for sale, re-sale, transfer or redistribution, whether for monetary or other compensation, or not, to third parties as templates of any kind, including for websites (including social networking websites), documents, presentations,or projects of any nature. Unless you have purchased an Extended Rights License, you may NOT produce a line of printed or digital products directly from, or based upon www.Stockgrafix.com™'s images, or similarly use them for any individual, collection, series or mass production of physical or digital objects or products for re-distribution or sale. This would include such products as, but not be limited to, greeting cards, postcards, mugs, t-shirts, posters, giclee prints, reproduction limited or unlimited edition prints, wallpaper, artwork, mouse pads, or bookmarks. You may NOT use images for producing products, as outlined above, or similar through any type of "print on demand" website or service whether located on the world wide web, or at a physical location. You may NOT use these images in any format or derivative work in conjunction with any website, electronic or hardcopy material, published or unpublished that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, racially, ethnically or otherwise objectionable, or in such a manner that infringes upon any third party's trademark or intellectual property or in connection in any manner with unsolicited email campaigns, . Images and individuals and their likeness appearing in images may be used for illustrative purposes only and must NOT be used (in whole or in part) as a logo, trademark, or service mark, or to otherwise endorse or imply the endorsement of any goods and/or services. You may NOT use any image provided by, or for which an Extended Rights License has been purchased from www.Stockgrafix.com™ in any manner that places any person appearing or depicted in such image in a bad light or in a way that they may find offensive. This includes, but is not limited to the following use of these images: a) in pornography, "adult videos", pornographic websites or any advertisements promoting, or endorsing similar "soft" or "hardcore" pornographic materials, pornographic websites, or "adult videos" in any format including, but not limited to, print, film or electronic formats; b) in advertisements or endorsements for tobacco products or tobacco related paraphernalia; d) in advertisements, endorsements or promotional materials for escort, dating or similar services, agencies, or websites; e) in connection with any political endorsement, including but not limited to individuals incumbent, or running for any political office or political party, for any political party; f) in advertisements or promotional materials for pharmaceutical or healthcare, herbal or medical products, including, but not limited to dietary and herbal supplements, digestive aids, personal hygiene or birth control products; g) in materials that condone or endorse, or promote illegal drug use, or drug paraphernalia; h) in advertisements or endorsements for gambling; i) uses that are defamatory, or that otherwise contain unlawful, offensive or immoral content.
You may not use an image provided by, or for which an Extended Rights License has been purchased from www.Stockgrafix.com™ containing the likeness of a person if such use, or manner that implies that the model, or any other individual appearing in such image, engages in, or endorses any immoral or illegal activity. You may not use an image provided by, or for which an Extended Rights License has been purchased from www.Stockgrafix.com™ containing the likeness of a person if such use, or manner that implies that the model, or any other individual appearing in such image, suffers from a physical or mental infirmity, ailment, handicap or condition.
THIRD PARTY SERVICES Goods and services of third parties may be advertised and/or made available on or through www.Stockgrafix.com™. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. The Company will not be liable for or responsible in any manner for any of your dealings or interaction with third parties. The Company may provide, or third parties may provide, links to other World Wide websites or resources. Because The Company has no control over such sites and resources, you acknowledge and agree that The Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that The Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. PROPRIETARY RIGHTS You acknowledge and agree that www.Stockgrafix.com™ and any necessary software used in connection with www.Stockgrafix.com™ contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through www.Stockgrafix.com™ or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except for that information which is in the public domain, or for which you have been given permission in this agreement, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. INDEMNIFICATION You agree to indemnify and hold www.Stockgrafix.com™, its subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, contributors and co-branders harmless from any claim or demand, including reasonable attorney's fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this website or service, your provision of Content, your violation of this Terms Of Use or any other violation of the rights of another person or party. DISCLAIMER OF WARRANTIES You expressly understand and agree that: a) Your use of www.Stockgrafix.com™ and any images you may download is at your sole risk. www.Stockgrafix.com™ is provided on an "as is" and "as available" basis. The Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. b) The Company makes no warranty that (i) www.Stockgrafix.com™ will meet your requirements, (ii) www.Stockgrafix.com™ will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of www.Stockgrafix.com™ will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through www.Stockgrafix.com™ will meet your expectations, and (v) any errors in the software will be corrected. c) Any material downloaded or otherwise obtained through the use of www.Stockgrafix.com™ is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. d) No advice or information, whether oral or written, obtained by you from The Company or, www.Stockgrafix.com™ or through or from The Company or www.Stockgrafix.com™ shall create any warranty not expressly stated in the terms of use. e) A small percentage of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using www.Stockgrafix.com™. Certain conditions may induce previously undetected epileptic symptoms even in users who have no history of prior seizures or epilepsy. If you, or anyone in your family, have an epileptic condition, consult your physician prior to using www.Stockgrafix.com™. Immediately discontinue use of the www.Stockgrafix.com™ and consult your physician if you experience any of the following symptoms while using the Service -- dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions. f) The Company makes no warranty, implied or express, that any part of the service provided by The Company or www.Stockgrafix.com™ will be uninterrupted, error-free, virus-free, timely, secure, accurate, reliable, of any quality, nor that any content is safe in any manner for download. You understand and agree that neither The Company or www.Stockgrafix.com™ nor any participant in the service provided by The Company or www.Stockgrafix.com™ provides professional advice of any kind and that use of such advice or any other information is solely at your own risk and without our liability of any kind. LIMITATION OF LIABILITY You expressly understand and agree that The Company shall not be liable for any direct, indirect, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible loss (even if we have been advised of the possibility of such damages), resulting from or arising out of (i) the use of or the inability to use www.Stockgrafix.com™, (ii) the cost to obtain substitute goods and/or services resulting from any transaction entered into on through The Company or www.Stockgrafix.com™, (iii) unauthorized access to or alteration of your data transmissions, (iv) statements or conduct of any third party on www.Stockgrafix.com™, or (v) any other matter relating to The Company or www.Stockgrafix.com™. RESERVATION OF RIGHTS The Company reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our website, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent, unless otherwise stipulated by this agreement. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our website or images without our prior written consent, unless otherwise stipulated in this agreement. APPLICABLE LAW You agree that this Terms Of Use and any dispute arising out of your use of this website or our products or services shall be governed by and construed in accordance with laws of the Province of Ontario, without regard to its conflict of law provisions. By using this website and service you consent and submit to the exclusive jurisdiction and venue of the county or city where the headquarters of the owner of this website is located. MISCELLANEOUS INFORMATION a) In the event that this Terms Of Use conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of this Terms Of Use will remain valid and intact; b) The failure of either party to assert any right under this Terms Of Use shall not be considered a waiver of any that party's right and that right will remain in full force and effect; c) You agree that without regard to any statue or contrary law that any claim or cause arising out of this website or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred; d) We may assign our rights and obligations under this Terms Of Use and we shall be relieved of any further obligation.
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